LPC Rules 9 July 2018 09/07/2018 1

The South African Legal Practice Council

Rules

made under the authority of sections 95(1), 95(3) and 109(2) of the Legal Practice Act, 28 of 2014 (as amended)

LPC Rules 9 July 2018 09/07/2018 2

The South African Legal Practice Council

Rules

made under the authority of section 95(1) of the Legal Practice Act, 28 of 2014

Table of Contents

Page No

PART I ..................................................................................................................................... 6 Definitions .............................................................................................................................. 6 PART II .................................................................................................................................. 10 Fees and Charges ................................................................................................................ 10 2.  Application fees ................................................................................................... 10 3.  Annual fees for Fidelity Fund certificates ............................................................. 11 4.  Annual fees payable by all legal practitioners ..................................................... 11 5.  Fees payable in respect of examinations conducted by the Council ................... 12 6.  Other fees, levies, contributions and charges ..................................................... 13 7.  Failure to pay fees, levies and charges ............................................................... 13 PART III ................................................................................................................................. 13 The Council .......................................................................................................................... 13 8.  Removal or suspension of member of Council .................................................... 13 9.  Meetings of the Council ....................................................................................... 14 10.  Conduct of meetings of a committee ................................................................... 16 11.  Appointment of executive officer and other employees ....................................... 17 12.  Conditions of service of executive officer and other employees .......................... 17 13.  Executive committee ........................................................................................... 17 14.  Convening of meeting and conduct of meetings of executive committee ............ 17 15.  Investment of monies of the Council ................................................................... 18 PART IV ................................................................................................................................. 18 Provincial Councils .............................................................................................................. 18 16.  Election of Provincial Councils ............................................................................ 18 PART V .................................................................................................................................. 26 Professional Practice .......................................................................................................... 26 17.  Application for admission and enrolment as legal practitioners ........................... 26 18.  Application for admission and enrolment as conveyancer or notary ................... 33 19.  Period of practice as an attorney and advocacy training programme ................. 35 20.  Information to be provided by attorney for appearance in High Court ................. 35 PART VI ................................................................................................................................. 37 

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Education and Training ....................................................................................................... 37 21.  Competency-based examinations or assessments ............................................. 37 22.  Practical vocational training and remuneration for candidate legal

practitioners ......................................................................................................... 40 23.  Assessment of persons undergoing practical vocational training ........................ 49 24.  Levels of competence for admission and enrolment as legal practitioner ........... 50 25.  Qualifications to conduct assessment of practical vocational training ................. 51 26.  Exemption from performing community service .................................................. 52 27.  Legal practice management course .................................................................... 52 PART VII ................................................................................................................................ 54 Keeping of rolls and conversion of enrolment ................................................................. 54 28.  Manner of keeping roll of legal practitioners ........................................................ 54 29.  Notification of cancellation or suspension of enrolment ...................................... 54 30.  Application for conversion of enrolment by attorneys and advocates ................. 55 31.  Conversion of non-practising legal practitioners to practising legal

practitioners and vice versa ................................................................................. 57 32.  Circumstances in which legal practitioner can apply for conversion of

enrolment ............................................................................................................ 58 PART VIII ............................................................................................................................... 59 Rendering of Legal Services ............................................................................................... 59 33.  Legal services which may be rendered by advocate in possession of

Fidelity Fund certificate ....................................................................................... 59 34.  Briefing of advocates by attorneys and by members of the public ...................... 59 35.  Instruction of attorneys ........................................................................................ 59 PART IX ................................................................................................................................. 60 Law Clinics ........................................................................................................................... 60 36.  Establishment of law clinics ................................................................................. 60 37.  Engagement of candidate legal practitioners by law clinics ................................ 61 PART X .................................................................................................................................. 62 Disciplinary ........................................................................................................................... 62 38.  Procedure to be followed by disciplinary bodies.................................................. 62 39.  Commencement of enquiry into alleged misconduct ........................................... 64 40.  Investigation of alleged misconduct..................................................................... 66 41.  Disciplinary procedure ......................................................................................... 69 42.  Subpoena ............................................................................................................ 71 43.  Proceedings after disciplinary hearing, and sanctions ........................................ 71 44.  Appeal against conduct or finding of investigating committee or disciplinary

committee ............................................................................................................ 74 45.  Manner and form in which complaints of misconduct must be lodged with

the Council .......................................................................................................... 77 

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PART XI ................................................................................................................................. 77 Legal Practitioners' Fidelity Fund ...................................................................................... 77 46.  Procedure for election of legal practitioners to the Board .................................... 78 47.  Application for Fidelity Fund certificates .............................................................. 81 48.  Contributions payable by applicants for Fidelity Fund certificates ....................... 83 49.  Form of application for Fidelity Fund certificate ................................................... 83 50.  Inspections of accounting records ....................................................................... 83 51.  Contributions to the fund: insurance premiums ................................................... 90 52.  Issuing and costs of Fidelity Fund certificate ....................................................... 91 53.  Procedure for the appointment of the executive officer and other

employees ........................................................................................................... 91 PART XII ................................................................................................................................ 92 54.  Accounting Rules ................................................................................................ 92 Accounting Requirements - General ...................................................................................... 93 Acceptable financial reporting framework .............................................................................. 94 Distinguishing between trust account and business account transactions ............................ 94 Retention of accounting records and files .............................................................................. 94 Updating accounting records ................................................................................................. 95 Trust money to be kept separate from other money .............................................................. 95 Accounting to clients .............................................................................................................. 96 Payment to clients .................................................................................................................. 96 Internal controls ..................................................................................................................... 97 Prompt depositing of trust monies ......................................................................................... 98 Transfers from trust investment account ................................................................................ 98 Trust moneys not to be less than trust balances .................................................................. 98 Trust accounts not to be in debit ............................................................................................ 98 Reports to Council of non-compliance ................................................................................... 99 Transfer from trust bank account to business bank account ................................................. 99 Deposits on account of charges ............................................................................................. 99 Withdrawals from trust banking account ................................................................................ 99 Payments from trust banking account .................................................................................. 100 Interest accrued on trust banking account ........................................................................... 100 Lists of balances .................................................................................................................. 101 Notification of trust banking account .................................................................................... 101 Trust account investments in terms of section 86(4) ........................................................... 102 Responsibility for ensuring compliance ................................................................................ 102 Reporting Requirements ...................................................................................................... 102 Closure of firm ...................................................................................................................... 105 

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Opening of practice .............................................................................................................. 107 Report of dishonest or irregular conduct .............................................................................. 107 55.  Investment Practice Rules ................................................................................. 107 Definitions ............................................................................................................................ 107 Mandates ............................................................................................................................. 108 Reports to clients in relation to investments ........................................................................ 108 Accounting records for investment practices ....................................................................... 108 Pooling of investments ......................................................................................................... 109 Restrictions applicable to certain investments ..................................................................... 110 Compliance with requirements of Financial Advisory and Intermediary Services FAIS Act. 110 Investment of funds by firms on behalf of persons, otherwise than in terms of investment practice rule 55 .................................................................................................................... 110 General Provisions ............................................................................................................... 111 Schedule 1A ....................................................................................................................... 112 Schedule 1A ....................................................................................................................... 114 Schedule 1B (Part A) ......................................................................................................... 116 Schedule 1B (Part B) ......................................................................................................... 118 Schedule 2 .......................................................................................................................... 120 Schedule 3 .......................................................................................................................... 122 Schedule 4 .......................................................................................................................... 124 Schedule 5 .......................................................................................................................... 125 Schedule 6A ....................................................................................................................... 128 Schedule 6B ....................................................................................................................... 129 Schedule 7A ....................................................................................................................... 130 Schedule 7B ....................................................................................................................... 137 Schedule 8 .......................................................................................................................... 143 Schedule 9 .......................................................................................................................... 163 

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PART I

Definitions

In these rules, unless the context otherwise indicates:

1.1 "accounting records" means the records which a firm is required to keep in terms

of section 87(3) of the Act;

1.2 "the Act" means the Legal Practice Act, 28 of 2014;

1.3 "advocate" means a legal practitioner who is admitted and enrolled as such

under the Act;

1.4 "attorney" means a legal practitioner who is admitted and enrolled as such under

the Act;

1.5 "auditor" means a person who is registered as an auditor in terms of the Auditing

Profession Act, 26 of 2005 and who engages in public practice as an auditor

registered in terms of that Act;

1.6 "bank" means a bank as defined in section 1 of the Banks Act, 94 of 1990;

1.7 "Board" means the Legal Practitioners' Fidelity Fund Board established in terms

of section 61 of the Act;

1.8 "branch office" means an office at or from which the firm practises, but which is

not its main office;

1.9 "business account transactions" means transactions in regard to which records

are required to be kept in terms of accounting rule 54.6 other than trust account

transactions, and where such transactions relate to the business affairs of the

firm;

1.10 "candidate attorney" means a person undergoing practical vocational training

with a view to being admitted and enrolled as an attorney;

1.11 "candidate legal practitioner" means a person undergoing practical vocational

training, either as a candidate attorney or as a pupil;

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1.12 "code of conduct" means the code of conduct setting out rules and standards

relating to ethics, conduct and practice for legal practitioners, candidate legal

practitioners and juristic entities and its enforcement through the Council and its

structures, as published in Government Gazette no. 40610 dated 10 February

2017;

1.13 "conveyancer" means any practising attorney who is admitted and enrolled to

practise as a conveyancer in terms of the Act;

1.14 "Council" means the South African Legal Practice Council established in terms of

section 4 of the Act;

1.15 "court" means any court in the Republic as defined in section 166 of the

Constitution of the Republic of South Africa 108 of 1996;

1.16 "disciplinary body" means -

1.16.1 an investigating committee;

1.16.2 a disciplinary committee; or

1.16.3 an appeal tribunal,

as the case may be, established under the Act and the rules;

1.17 "Fidelity Fund certificate" means the certificate referred to in sections 84 and 85

of the Act;

1.18 "firm" means -

1.18.1 a partnership of attorneys;

1.18.2 an attorney practising for his or her own account; or

1.18.3 a juristic entity

who or which in each case conducts the practice of an attorney, and for

purposes of Part XII (accounting rules) of these rules only, includes an advocate

referred to in section 34(2)(b) of the Act;

1.19 "Fund" means the Legal Practitioners' Fidelity Fund referred to in section 53 of

the Act;

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1.20 "Good standing" means, in relation to a legal practitioner -

1.20.1 that the name of the legal practitioner is on the roll of legal practitioners

and that he or she has not been suspended from practice;

1.20.2 that there are no proceedings pending or contemplated to remove the

name of the legal practitioner from the roll of legal practitioners or to

suspend him or her from practice;

1.20.3 that where the legal practitioner is required to be in possession of a Fidelity

Fund certificate, he or she is in possession of a valid Fidelity Fund

certificate; and

1.20.4 that the legal practitioner is up to date with all amounts owed by him or her

to the Council.

1.21 "High Court" means the High Court of South Africa established by section 6 of

the Superior Courts Act, 10 of 2013 or, if the context indicates otherwise, the

Division thereof having jurisdiction;

1.22 "juristic entity" means a commercial juristic entity established to conduct a legal

practice of an attorney, as contemplated in section 34(7) of the Act and a limited

liability legal practice as contemplated in section 34(9) of the Act;

1.23 "legal practitioner" means an advocate or attorney admitted and enrolled as such

in terms of sections 24 and 30 respectively of the Act;

1.24 "main office" means the premises at and from which the practice of a firm is as a

whole administered and controlled, including such premises in two or more

buildings situate in sufficiently close proximity to one another to allow the

administration of that practice as a single composite entity, and includes

premises declared or determined as such in terms of accounting rules 54.2 or

54.5 as the case may be;

1.25 "Minister" means the Minister of Justice and Constitutional Development;

1.26 "notary" means any practising attorney who is admitted and enrolled to practise

as a notary in terms of this Act;

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1.27 "practical vocational training” means training required in terms of the Act to

qualify a candidate attorney or pupil to be admitted and enrolled as an attorney

or advocate, as the case may be;

1.28 "principal place of practice" means the place at which the main office of a firm is

situated, notwithstanding that any member of the firm (being a sole practitioner,

or a partner in a partnership, or a director of a juristic entity) may habitually or

temporarily practise at or from a branch office; provided that the principal place

of practice of a member of the firm who is a member of more than one firm, or

who is the proprietor of one firm and a member of another firm or other firms

shall be deemed to be the place of the main office of that firm which has its main

office closest to his residential address;

1.29 "pupil" means a person undergoing practical vocational training with a view to

being admitted and enrolled as an advocate;

1.30 "Republic" means the Republic of South Africa;

1.31 "Roll" means the Roll of Legal Practitioners referred to in section 30(3) of the Act;

1.32 "rules" means the rules made for and by the Council in terms of sections 95(1),

95(3)(d), and 109(2) of the Act;

1.33 "training supervisor" means an individual who is authorised in terms of the Act, or

in terms of any rule or regulation issued under the Act, to enter into a practical

vocational training contract with a pupil, and includes a duly qualified employee

of an entity which is accredited by the Council to provide practical vocational

training to pupils;

1.34 "trust account advocate" means an advocate referred to in section 34(2)(b) of the

Act who is, in terms of the Act, required to hold a Fidelity Fund certificate;

1.35 "trust account practice" means a practice conducted by -

1.35.1 one or more attorneys who are; or

1.35.2 an advocate referred to in section 34(2)(b) of the Act who is

in terms of the Act, required to hold a Fidelity Fund certificate;

1.36 "trust account transactions" means transactions in regard to which records are

required to be kept in terms of rule 54.6, where such transactions relate to the

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trust bank account, trust cash, trust creditors, trust investment accounts and trust

money, as the case may be, of a trust account practice;

1.37 "trust banking account" means an account kept in terms of section 86 of the Act

on bank account products at a bank in South Africa as arranged by the Fund in

terms of section 63(1)(g) of the Act;

1.38 "trust cash" means any cash held in trust by a trust account practice otherwise

than in a trust banking account or a trust investment account;

1.39 "trust creditor" means a person on whose account money is held or received as

contemplated by section 86(2), or invested as contemplated by section 86(3) or

section 86(4), of the Act;

1.40 "trust investment account" means and includes all banking accounts kept by a

firm in terms of section 86(3) or section 86(4) of the Act;

1.41 "trust money" means money held or received on account of any person as

contemplated by section 86(2), or invested as contemplated by section 86(3) or

section 86(4), of the Act.

Words or expressions referred to in these rules which are not defined herein shall bear the

respective meanings assigned to them by section 1 of the Act.

PART II

Fees and Charges

2. Application fees [section 95(1) read with section 6(4)(a)]

The following fees (which are inclusive of value-added tax) shall be

payable on application to the Council in respect of the matters

referred to below:

2.1 the registration of a practical vocational training contract,

and the examination fee of any such contract;

R 345

2.2 issuing of a certificate of good standing; R 175

2.3 cession of a practical vocational training contract, and the R 345

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examination fee in respect thereof;

2.4 enrolment of a legal practitioner or re-enrolment of a person

whose name was removed from the roll as a legal

practitioner or as a notary or conveyancer at his or her own

request;

R 460

2.5 re-enrolment as a legal practitioner, and/or as a notary or

conveyancer, subsequent to the name of that legal

practitioner being struck off the roll;

R2 875

2.6 enrolment as a notary; R 690

2.7 enrolment as a conveyancer; R 690

2.8 registration for the legal practice management course in

terms of section 26(1)(c)(ii) of the Act or application for

exemption from attendance at the course;

R 460

2.9 conversion of enrolment in terms of section 32(1)(a) of the

Act;

R 690

2.10 conversion of enrolment by an advocate in terms of

section 32(1)(b) of the Act.

R 690

3. Annual fees for Fidelity Fund certificates [section 95(1)(a) read with section 6(4)(b)]

3.1 Every attorney required to be in possession of a Fidelity Fund certificate, and

every advocate contemplated in section 34(2)(b) of the Act, shall pay to the

Council an annual fee of R345 (inclusive of value-added tax) for the issue to him

or her of a Fidelity Fund certificate, such fee being payable on application for a

Fidelity Fund certificate.

3.2 The amount of the annual fee will be the amount applicable to the practitioner

concerned on 1 January of the year in respect of which application for a Fidelity

Fund certificate is made; provided that any practitioner enrolled after 30 June in

any year shall pay only one half of the annual fee for the year.

4. Annual fees payable by all legal practitioners [section 95(1)(a) read with section 6(4)(c)]

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4.1 Every legal practitioner who is admitted and enrolled in terms of section 24(1) of

the Act as a legal practitioner shall pay an annual fee to the Council at such time

as may from time to time be fixed by the Council. That fee (which is inclusive of

value-added tax) shall be -

4.1.1 in the case of a legal practitioner who is in practice, R2 500; save that in

the case of a legal practitioner who is in the first year of practice the annual

fee shall be R1 500;

4.1.2 in the case of a legal practitioner who is not in practice, R800.

4.2 The amount of the annual fee will be the amount applicable to the practitioners

concerned on January of the year to which the fee relates, provided that -

4.2.1 any practitioner enrolled after 30 June in any year shall pay only one half of

the annual fee for that year;

4.2.2 in respect of the period from the date referred to in section 120(4) of the

Act until 30 June 2019 the annual fees payable in terms of rule 4.1.1 will be

calculated on a pro rata basis.

4.3 The Council may in its discretion, and on application by the legal practitioner,

permit the annual fee to be payable in instalments.

5. Fees payable in respect of examinations conducted by the Council [section 95(1)(a) read with section 6(4)(e)

5.1 Every legal practitioner and every candidate legal practitioner entering any

examination conducted by the Council or on behalf of the Council, or repeating

any such examination, shall pay the following fees to the Council, which are

inclusive of value-added tax:

5.1.1 in respect of the examination referred to in

section 26(1)(d) of the Act (candidate legal

practitioners);

R345

5.1.2 in respect of the examination referred to in

section 26(2) of the Act (conveyancers);

R345

5.1.3 in respect of the examination referred to in section

26(3) of the Act (notaries).

R345

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5.2 Every candidate entering any examinations referred to in rule 5.1 who applies for

a re-mark or a re-assessment of his or her examination scripts shall pay a fee

equal to twice the fee payable in terms of rule 5.1 for the examination in

question; provided that if the candidate successfully passes the examination as a

result of the re-mark or re-assessment the fee paid shall be refunded.

6. Other fees, levies, contributions and charges [section 95(1)(a) read with section 6(4)(f)

Every legal practitioner shall pay to the Council such fees or charges as it considers

necessary, as contemplated in the Act, other than those fees, levies, contributions or

charges specifically provided for in these rules, at such time and in such amounts as

may from time to time be fixed by the Council.

7. Failure to pay fees, levies and charges

If a legal practitioner or candidate legal practitioner fails to pay any fee, levy or other

charge payable by him or her in terms of the Act or in terms of these rules within one

month after it has become due, the executive officer appointed in terms of section 19

shall, by letter or by electronic communication, draw his or her attention to that fact;

and if the fee, levy or other charge in arrear is not paid within seven days from the date

of despatch of that letter or electronic communication, or within such further time as

the Council may allow, proceedings for the recovery thereof may be taken against him

or her.

PART III

The Council

8. Removal or suspension of member of Council [section 95(1)(b) read with section 12(4)]

8.1 If the Council proposes to suspend or remove a member of Council from office in

terms of the powers granted to it in terms of section 12 of the Act it may not do

so without having first notified the member of Council concerned in writing that it

is considering such a suspension or removal and without also advising such

member of the reasons for which it is considering doing so.

8.2 The Council shall afford the member of the Council concerned the opportunity to

furnish the Council, within a period stipulated in the notification, with his or her

LPC Rules 9 July 2018 09/07/2018 14

reasons, if any, as to why the Council should not exercise the right to suspend or

remove him or her.

8.3 The Council shall be entitled to call upon the member of Council concerned to

amplify such reasons by oral representations to the Council within such period as

it shall stipulate.

8.4 The Council shall make its decision to suspend or remove the member of

Council concerned from office in the light of such reasons and of any oral

representations made.

8.5 The Council shall notify the member of Council concerned in writing of its

decision either to suspend him or her or remove him or her from office, or not to

do so, within 24 hours of such decision, and in the former instance the

suspension or removal shall be effective from the date of the Council's decision.

8.6 The Council shall register the date on which the removal or suspension of a

member of the Council becomes effective, and in the case of a suspension, the

date on which the suspension terminates.

9. Meetings of the Council [section 95(1)(c) read with section 16(2)]

9.1 Meetings of the Council shall be held at least four times in each year on such

dates and at such times and places as may from time to time be determined by

the Council.

9.2 The successive date of each meeting of the Council shall be determined at its

preceding meeting, or at such other time as the Council may determine.

9.3 The chairperson may at any time mero motu convene a meeting of the Council in

such manner as he or she shall determine. The executive officer must, if

requested in writing to do so by members of the Council representing not less

than one fifth of the Council members in office, convene a special meeting of the

Council at such time and in such place as he or she may determine on not less

than seven days and not more than fourteen days' notice in writing, stating the

business to be considered.

9.4 When convening a meeting mero motu the chairperson may, in cases which are,

in his or her judgment, of sufficient urgency, give such period of notice of the

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meeting, and in such manner, as he or she thinks fit, to the members of the

Council.

9.5 A resolution, other than a written resolution, taken on a motion of the chairperson

on a matter which is, in his or her opinion, of sufficient urgency, shall, although

not taken at a meeting of the Council but by such other means of communication

as the chairperson may deem fit to employ, be as valid and effective as if it had

been passed at a meeting of the Council duly convened and held if all those

members of the Council who are readily accessible have been consulted and if

the majority of all members of the Council who are then in office have expressed

their assent.

9.6 Every resolution taken in terms of rule 9.5 shall as soon as possible thereafter be

recorded in writing and such record shall be deemed to be a minute of the

meeting, shall be entered into the minute book of the Council and shall be noted

at the next following meeting of the Council.

9.7 The majority of the members of the Council then in office constitutes a quorum at

any meeting of the Council, provided that if a quorum is not present within fifteen

minutes after the time fixed for the commencement of the meeting it shall stand

adjourned to the corresponding time on the seventh day thereafter at the same

place, and the members then present shall constitute a quorum; but if the last

mentioned date is a public holiday the meeting shall not take place on that day

but shall stand adjourned instead to the corresponding time and the same place

on the next succeeding business day not being a public holiday, a Saturday or a

Sunday. The executive officer shall forthwith give notice in writing to all

members of the Council of the date, time and venue of the adjourned meeting.

9.8 Minutes shall be kept in a minute book, to be maintained by the executive officer,

of every meeting of the Council, and at every ordinary meeting of the Council the

minutes of the previous ordinary meeting and of all extraordinary meetings held

since then shall be read or, if so resolved by the Council, taken as read and

shall, subject to any necessary corrections, be signed by the chairperson as

being a correct record of the proceedings of the meeting or meetings concerned.

9.9 No resolution passed at any meeting of the Council shall be rescinded at any

subsequent meeting unless not less than ten days' written notice of the intention

to propose such rescission shall have been given in the notice of the meeting;

but such notice may be dispensed with by the Council if, at the meeting at which

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the proposed rescission is to be considered, every member of the Council then in

office is present and agrees to waive notice and agrees to the motion being

moved.

9.10 Subject to the provisions of the Act and of these rules, the Council may make,

vary and rescind regulations for its meetings and proceedings, and shall

otherwise regulate its meetings as it deems fit.

9.11 No decision taken by or act performed under the authority of the Council is

invalid only by reason of -

9.11.1 a casual vacancy on the Council; or

9.11.2 the fact that any person who is not entitled to sit as a member of the

Council participated in the meeting at the time the decision was taken or

the act was authorised

if the members who were present and acted at the time followed the required

procedure for decisions.

10. Conduct of meetings of a committee [section 95(1)(d) read with section 18(3)]

10.1 Any committee of the Council established by the Council in terms of the Act shall

meet as often as circumstances require but at least once in every year, at such

time and at such place as the committee may determine.

10.2 The chairperson of the committee may at any time convene a special meeting of

the committee at a time and place determined by the chairperson of the

committee.

10.3 If requested in writing by not less than one quarter of the members of a

committee, the chairperson of the committee must convene a special meeting of

the committee to be held within fourteen days after the receipt of the request,

and a meeting must take place at a time and place determined by the

chairperson of the committee.

10.4 A majority of members of the committee constitutes a quorum at a meeting.

10.5 Every member of the committee, including the chairperson, has one vote. In the

event of an equality of votes the chairperson of the committee has a casting vote

in addition to his or her deliberative vote.

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10.6 A decision of the majority of members of a committee present at a duly

constituted meeting is a decision of the committee.

10.7 Rules 9.8 to 9.11 inclusive relating to meetings and decisions of the Council, with

the necessary changes required by the context, apply in respect of any

committee, subject to the proviso that no decision of an investigating committee

or disciplinary committee, or of an appeal tribunal, may be rescinded.

11. Appointment of executive officer and other employees [section 95(1)(e) read with section 19]

11.1 The Council shall adopt such procedure as it may determine for the appointment

of the executive officer or any other employees of the Council.

11.2 The Council may assign to the executive officer, in addition to the duties and

functions assigned to him or her under the Act, the code of conduct, any other

law or these rules, such other functions and duties of a general or particular

nature as the Council may determine.

12. Conditions of service of executive officer and other employees [section 95(1)(f) read with section 19(6)]

12.1 The executive officer of the Council is responsible for the day-to-day

management of the Council's affairs, and is accountable to the Council.

12.2 On appointment of the executive officer he or she must enter into a performance

agreement with the Council on terms to be agreed between the executive officer

and the Council.

12.3 The Council must determine the conditions of service of other employees of the

Council which are appropriate to the position and seniority of each such other

employee.

13. Executive committee [section 95(1)(g) read with section 20(1)]

The Council shall determine the powers of the executive committee established in

terms of section 20 of the Act. The executive committee shall have only those powers

which are delegated to it from time to time by the Council, and the Council may at any

time revoke any powers so delegated.

14. Convening of meeting and conduct of meetings of executive committee [section 95(1)(h) read with section 20(9)(b)]

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The provisions of rule 9, with the necessary changes required by the context, apply to

meetings of the executive committee.

15. Investment of monies of the Council [section 95(1)(i) read with section 22(3)(b)]

15.1 The executive officer shall cause all monies held by the Council to be placed as

soon as practicable after each receipt in such bank accounts as the Council may

from time to time determine.

15.2 Any monies which in the opinion of the Council are not required for immediate

use may be invested by the Council with financial institutions, in securities listed

on any registered securities exchange and in such other prudent investments as

the Council deems fit.

PART IV

Provincial Councils

16. Election of Provincial Councils [section 95(1)(j) read with section 23(4)]

16.1 A Provincial Council shall consist of such number of members as the Council

may determine from time to time, elected in accordance with the provisions of

this rule. A member of a Provincial Council shall hold office for a term of three

years but may serve as a member for one further term if he or she is again so

elected.

16.2 Until otherwise determined by the Council, every Provincial Council other than

the Gauteng Provincial Council will comprise six practising attorneys and four

practising advocates, and the Gauteng Provincial Council will comprise eight

practising attorneys and four practising advocates, constituted in accordance

with the principles set out in Schedule 1A (in the case of attorney members) or

Schedule 1B (in the case of advocate members) respectively.

16.3 The provisions of sections 8, 11 and 12 of the Act shall apply, with the necessary

changes required by the context, to members of a Provincial Council.

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16.4 Within 60 days after a Provincial Council has been established by the Council in

terms of the Act the Council shall organise the holding of the first election for

members of that Provincial Council. In respect of such election -

16.4.1 the provisions of this rule will apply;

16.4.2 no member of the Council may make himself or herself available for

election as a member of a Provincial Council.

16.5 An election for members of a Provincial Council shall be held, in the manner

prescribed in these rules, every third year after the year in which the first such

election is held. The term of office of members of the Provincial Council shall run

from the date of their election to the third anniversary of the date of the

announcement of the results of the election at which they were elected; provided

that in the case of a member elected or co-opted to fill a casual vacancy in the

Provincial Council, the term of office of that member shall terminate on the date

on which the office of the member replaced by him or her would have terminated.

The member elected to fill a casual vacancy shall be eligible for re-election.

16.6 During September of each year in which an election is to be held, or at such

other time as the Council may determine, the Council shall despatch a notice to

every attorney and every advocate admitted to practise and enrolled on the

practising roll in the area of jurisdiction of the Provincial Council concerned

calling for nominations of eligible attorneys and eligible advocates for election to

the Provincial Council, such nominations to be received not later than a date

stipulated in the notice. The notice -

16.6.1 shall be sent by email to the email address of the legal practitioner

concerned; where no email address has been provided to the Council by

the legal practitioner concerned the notice shall be sent by prepaid post;

16.6.2 shall be published in the English language once in such journal or journals

published by the practising legal profession in South Africa as the Council

may determine;

16.6.3 shall be published once in the government gazette on a date as close as

possible to the date of dispatch of the notice;

16.6.4 shall be published on the Council's website from the date of despatch of

the notice to the closing date of the nominations;

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16.6.5 shall give details of the number of vacancies on the Provincial Council for

attorney members and advocate members respectively.

16.7 Any two attorneys admitted to practice and enrolled on the practising roll may, in

the manner prescribed in this rule, nominate any eligible attorney (other than

themselves) as an attorney member of the Provincial Council for the then

ensuing period of office.

16.8 Any two advocates admitted to practice and enrolled on the practising roll may,

in the manner prescribed in this rule, nominate any eligible advocate (other than

themselves) as an advocate member of the Provincial Council for the then

ensuing period of office.

16.9 Any such nomination shall be made over the signature of the two nominating

individuals in a document which shall provide the following information in relation

to each nominee named therein, in not more than 600 words and in such format

as the Council may require -

16.9.1 his or her name;

16.9.2 in the case of an attorney, the name of the firm of which he or she is a

proprietor or a member or by which he or she is employed, stating also the

status of that attorney within the firm;

16.9.3 in the case of an advocate, whether he or she renders legal services in

terms of section 34(1)(2)(a)(i) or section 34(2)a)(ii) of the Act, and in either

case whether or not he or she has the status of Senior Counsel;

16.9.4 his or her race, gender, date of admission and enrolment and period in

practice;

16.9.5 if he or she has a disability and wishes to disclose that fact, a statement to

that effect and the nature of the disability;

16.9.6 the address of his or her principal place of practice

and on which shall be endorsed, over the signature of each nominee named

therein, the acceptance of nomination by that nominee and his or her

confirmation that the information given therein is correct and that he or she is not

disqualified from membership of the Provincial Council.

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16.10 Originally signed nominations must be lodged with the Provincial Council by not

later than the date stipulated in the notice referred to in rule 16.6. Any

nomination which does not comply substantially with the provisions of this rule or

which is not lodged within the prescribed time will not be recognised.

16.11 If no greater number of eligible candidates is nominated than the number to be

elected, then the eligible candidates who are nominated will be deemed to have

been elected.

16.12 If the number of eligible candidates who are nominated exceeds the number to

be elected as attorney members or as advocate members, as the case may be,

the Council must, within 10 days after the last day on which nominations are

required to be lodged in terms of rule 16.6, send to every legal practitioner

eligible to vote, by email to the legal practitioner's email address or, where the

legal practitioner has not appointed an email address, by prepaid post -

16.12.1 an envelope on which the address of the Council is printed, together with

the words "voting papers", or, where the communication is by email,

directions to the legal practitioner as to the size and format of an envelope

to be used by the legal practitioner;

16.12.2 a smaller envelope on which is printed the words "ballot paper" and nothing

else, or where the communication is by email, directions to the legal

practitioner as to the size and format of an envelope to be created by the

legal practitioner;

16.12.3 a printed declaration in such form as the Council may direct containing

appropriate spaces for -

16.12.3.1 the surname and forenames of the voting legal practitioner and a

statement whether he or she is an attorney or an advocate;

16.12.3.2 the date of signature by that legal practitioner and that legal

practitioner's signature;

16.12.3.3 a declaration by the legal practitioner above his or her signature that

he or she has not already voted in the election concerned;

16.12.4 a ballot paper, substantially in the form of Schedule 1A (in the case of the

election of attorney members) or Schedule 1B (in the case of the election

of advocate members), containing the surnames and forenames in

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alphabetical order by surname of the nominated candidates and providing

the information indicated in Schedule 1A or Schedule 1B, as the case may

be, and nothing more;

16.12.5 a written notice in such form as the Council may direct -

16.12.5.1 requesting the legal practitioner, if he or she wishes to record a vote -

16.12.5.1.1 to place a cross on the accompanying ballot paper against the

name of each candidate for whom the legal practitioner wishes

to vote and so as to indicate a vote in favour of not more than

the number of candidates for which there are vacancies, and to

make no other mark or alteration on the ballot paper;

16.12.5.1.2 to place the ballot paper in the envelope marked "ballot paper";

16.12.5.1.3 to seal the envelope containing the ballot paper;

16.12.5.1.4 to complete and sign the form of declaration;

16.12.5.1.5 to place a completed and signed declaration, together with the

envelope containing the ballot paper in and seal the envelope

marked "voting papers";

16.12.5.1.6 to despatch the envelope marked "voting papers" with its

contents to the Council so as to reach the Council not later than

a date referred to in the notice;

16.12.5.2 drawing the attention of legal practitioners to the fact that the profiles

of candidates, containing the information set out in rule 16.9, will be

published on the website of the Council for a period of 30 days

commencing on the date of the written notice referred to in rule

16.12.5.1.6.

16.13 The notice referred to in rule 16.12.5 shall contain a warning that if a vote is cast

in favour of more than the number of names referred to in rule 16.12.5.1.1, or if

any mark or alteration is made on the ballot paper other than the cross indicating

a vote in favour of the candidates for whom the legal practitioner intends to vote,

or if the declaration referred to in rule 16.12.3 is not duly completed and signed

by the voter, the ballot paper will be void.

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16.14 The Council shall despatch separate notices to attorneys and advocates for

purposes of any election in terms of this rule, and all notifications shall

distinguish clearly as to whether they are intended for the election of an attorney

or for the election of an advocate. Only attorneys may elect attorneys and only

advocates may elect advocates.

16.15 Within 7 days after the last date on which nominations were required to be

lodged in terms of rule 16.6 the chairperson of the Council, or in his or her

absence or inability to act, any member of the Council nominated for that

purpose by the Council (the person who is to fulfil the functions of the

chairperson of the Council for purposes of rule 16 being referred to in this rule as

"the chairperson"") shall in writing appoint a legal practitioner of more than fifteen

years standing as a referee for the purpose of performing the duties assigned to

a referee under these rules . The referee shall not be a candidate for office or a

legal practitioner who has nominated a candidate, or a member of the Council or

of a Provincial Council, as the case may be.

16.16 On each day on which envelopes marked "voting papers" despatched to the

Provincial Council are received by the Council, or if it is not practicable on that

day, as soon as practicable thereafter, the chairperson or a member of the

Council nominated by him or her in writing shall, in the presence of the referee,

open each such envelope and remove its contents. The chairperson or the

nominated member of the Council and the referee shall then together examine

each declaration form, shall verify, to such extent as may appear necessary, the

information contained therein against the records of the Council and shall satisfy

themselves that the declaration form has been duly completed and signed by the

legal practitioner, failing which it will be regarded as invalid. In the event of a

disagreement between the chairperson or the nominated member of the Council

and the referee as to the validity or otherwise of any form of declaration, the view

of the referee shall prevail and his or her judgment on the matter shall be final.

The referee shall endorse with his or her signature each form of declaration

found to be invalid, with the reason for the invalidity. The chairperson or the

nominated member of the Council and the referee shall together note the name

and surname of each legal practitioner who has submitted a declaration and

envelope marked "ballot papers", as well as whether that legal practitioner is an

attorney or an advocate, in a voting register kept by the referee.

16.17 The chairperson or the nominated member of the Council shall, in the presence

of the referee, in respect of each declaration form found to be valid, place its

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accompanying envelope marked "ballot paper" unopened through a slot in a

ballot box or boxes of a design and construction approved by the Council, which

shall have been securely locked and sealed in advance by the chairperson and

of which the chairperson shall retain the key or keys until the day following the

day referred to in rule 16.12.5.1. After placing the last of such envelopes duly

received in the ballot box or boxes the chairperson shall, in the presence of the

referee, securely seal the slots, and shall hand the key or keys to the referee.

The chairperson shall securely retain the ballot boxes, locked and sealed as

aforesaid, and shall deliver the ballot boxes in that condition to the scrutineers

appointed in terms of rule 16.19 on the day following the day referred to in rule

16.12.5.1.6. Separate ballot boxes shall be kept for ballot papers in respect of

attorneys and advocates respectively.

16.18 An envelope marked "ballot paper" which is accompanied by a form of

declaration which has been found to be invalid shall not be placed in the ballot

box but the chairperson or the nominated member of the Council as the case

may be, shall, in the presence of the referee, replace in the envelope marked

"voting papers" in which it was received each such envelope marked "ballot

paper" unopened, together with its accompanying form of declaration endorsed

by the referee as provided in rule 16.16, shall securely seal all those documents

and shall separately retain them in the same manner as is provided for in rule

16.17, for a period of three months after the date referred to in rule 16.12.5.1.6.

The chairperson shall thereafter destroy all of them unless ordered otherwise by

an order of court; provided that if there should be a dispute regarding the validity

of the form of declaration the documents shall be retained until the dispute has

been resolved. The chairperson shall keep a separate record of the number of

declarations and envelopes thus retained by him.

16.19 Prior to or on the date referred to in rule 16.12.5.1.6 the Council shall appoint as

scrutineers to examine the ballot papers placed in the ballot boxes and of

counting the votes received, not less than two legal practitioners, not being

candidates for office or legal practitioners who have nominated candidates or

who are members of the Council or of a Provincial Council, and none of whom

shall be the legal practitioner appointed as referee under these rules. Upon

receipt by the scrutineers of the ballot boxes they shall break the seals, open the

ballot boxes and remove their contents. They shall then open each of the

envelopes marked "ballot paper", remove the ballot paper contained therein,

examine the ballot paper and satisfy themselves of its validity in accordance with

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these rules or, if not so satisfied, reject the ballot paper after having endorsed on

its reverse over their signatures the reason for its rejection. They shall then

count the votes recorded in the remaining ballot papers and record the result in

the presence of the chairperson and the referee. Thereafter they shall replace

all the ballot papers, including those rejected, in the ballot boxes and shall lock

and re-seal them, and hand them to the chairperson for safekeeping.

16.20 The number of attorney candidates in the respective categories indicated on the

ballot paper who received the greatest number of votes of attorneys in

diminishing order among the attorney candidates shall be deemed to have been

elected as attorney members of the Provincial Council in those categories, and

the advocate candidates in the respective categories indicated on the ballot

paper who received the greatest number of votes of advocates in diminishing

order among the advocate candidates shall be deemed to have been elected as

advocate members of the Provincial Council in those categories. If there are

insufficient candidates to fill a particular category the Council shall co-opt a

suitable candidate to fill the vacancy, and the co-opted candidate shall be

deemed to have been elected in accordance with these rules.

16.21 If there is a tie between two or more candidates having the result of leaving

undecided which of the candidates has been elected, in the relevant category,

the question as to which of them shall be deemed elected shall be determined

immediately by lot drawn by the scrutineers in the manner determined by them.

16.22 Upon completion of their scrutiny the scrutineers shall immediately report the

result of the election in writing to the chairperson and referee. The referee shall

immediately determine whether the election was conducted freely and fairly, and

shall issue a signed declaration in that regard to the chairperson. The report

shall be signed by all of the scrutineers and shall contain the following

particulars:

16.22.1 the total number of ballot papers received by them;

16.22.2 the number of ballot papers rejected and the grounds of rejection;

16.22.3 the total number of votes in favour of each candidate in each category;

16.22.4 the result of any lot drawn in terms of rule 16.21;

16.22.5 the names of those candidates who are deemed to have been elected.

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16.23 The chairperson shall, after receipt of the report of the scrutineers and a

declaration in terms of rule 16.22 that the election was conducted freely and

fairly, cause each candidate to be advised of the result of the election.

16.24 The report of the scrutineers together with a declaration from the referee in terms

of rule 16.22 that the election was conducted freely and fairly shall be conclusive

as to the result of the election.

16.25 The scrutineers, having completed their scrutiny, shall return the ballot boxes

containing the examined ballot papers and which are locked in accordance with

rule 16.19 to the chairperson, together with their keys. The chairperson shall

securely retain the ballot boxes in that condition for a period of three months

after the date referred to in rule 16.12.5.1.6 and shall thereupon break the seals,

unlock the boxes, empty and destroy the contents. The chairperson shall then

also destroy all the valid declaration forms received by the Council.

16.26 If an election is declared to be not free and fair by the referee in terms of rule

16.22, or by a court on application brought within one month of the

announcement of the result, the process for the election of members of the

Provincial Council shall be conducted afresh.

PART V

Professional Practice

17. Application for admission and enrolment as legal practitioners [sections 95(1)(k) and (t)read with sections 24(2)(d), 30(1)(a) and 30(b)(iii)]

17.1 A person seeking to be admitted to practise and to be authorised to be enrolled

as an attorney or as an advocate under the Act -

17.1.1 must apply to a High Court in terms of the provisions of section 24(2) of

the Act; and

17.1.2 must simultaneously lodge an application in terms of sections 30(1)(a) and

30(b)(iii) of the Act with the Council, through the Provincial Council where

the applicant intends to practise (or in the case of a person who does not

intend to practise, where that person is ordinarily resident), for the

enrolment of his or her name on the roll of attorneys or advocates, or on

the roll of non-practising attorneys or advocates, as the case may be,

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which application shall be treated as an application subject to the condition

that the applicant is duly admitted by the High Court and authorised to be

enrolled as a legal practitioner in terms of section 30 of the Act.

17.2 An application for admission and enrolment in terms of rule 17.1 must be in

writing and must be accompanied by an affidavit by the applicant setting out the

following information supported, where applicable, by documentary evidence:

17.2.1 confirmation of the jurisdiction of the Court;

17.2.2 his or her full names, date of birth, identity number and residential address;

17.2.3 confirmation that the applicant is a South African citizen or is a permanent

resident of the Republic;

17.2.4 confirmation that the applicant has satisfied all the requirements for a

degree referred to in section 26(1) of the Act after pursuing for that degree

a course of study referred to in that section;

17.2.5 a statement whether the applicant intends to be enrolled and to practise as

an attorney or as an advocate and, in the case of an advocate, whether the

applicant intends practising with or without a fidelity fund certificate, or

whether the applicant does not intend to practise;

17.2.6 the physical address of his or her main office and of every branch office

and of every building at and from which he or she practises, and its postal

address, and telephone numbers, mobile telephone numbers, fax

numbers, email addresses and other electronic communication contact

particulars, if any;

17.2.7 in the case of an attorney, whether he or she conducts practice -

17.2.7.1 for his or her own account and if so, whether alone or in partnership

(stating the full names of his or her partners) or as a member of a

commercial juristic entity (stating the full names of his or her co-

members); or

17.2.7.2 as an employee.

17.2.8 the name under which the firm of which he or she is the proprietor or a

member, or by which he or she is employed, conducts practice.

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17.2.9 confirmation that the applicant had no pecuniary interest in any law

practice and that he or she held no other position than that of candidate

legal practitioner during the period of service under the contract of practical

vocational training or supervision, or proof that the applicant had such

pecuniary interest or held such other position with the prior written approval

of the Council;

17.2.10 confirmation that the applicant has undergone all the prescribed practical

vocational training requirements as a candidate legal practitioner, referred

to in section 26(1)(c) of the Act;

17.2.11 confirmation that the applicant has passed the competency-based

examination or assessment for candidate legal practitioners, referred to in

section 26(1)(d) of the Act;

17.2.12 confirmation that the applicant has complied with the requirements for

community service, if applicable, where that community service is a

component of practical vocational training by candidate legal practitioners,

pursuant to the provisions of section 29 of the Act, or proof that the

applicant has been exempted from performing community service;

17.2.13 if a period of more than one year has elapsed between the date of

completion of the practical vocational training contract and the date of the

application, a statement as to the activities of the applicant during that

period;

17.2.14 confirmation that the applicant is a fit and proper person to be admitted,

including a statement as to whether -

17.2.14.1 the applicant has any previous criminal convictions or has any

criminal investigations pending. If there have been any proceedings

as contemplated in this sub-rule, or if any such proceedings are

pending, the applicant shall set out full details thereof;

17.2.14.2 the applicant has been subjected to previous disciplinary

proceedings by the Council or any law society, university or

employer, or whether any such disciplinary proceedings are pending.

If there have been any proceedings as contemplated in this sub-rule,

or if any such proceedings are pending, the applicant shall set out full

details thereof;

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17.2.14.3 the estate of the applicant has been sequestrated, provisionally or

finally, or whether there is any application for the sequestration of his

or her estate which is pending; where the estate of the applicant has

been sequestrated, the applicant must state whether or not he or she

has been rehabilitated.

17.2.15 confirmation that the originals of all attachments to the affidavit will be

made available to the Court on the date of the hearing of the application.

17.3 A person seeking to be admitted to practise and to be authorised to be enrolled

as an attorney must include in the affidavit in support of the application (in

addition to any other information to be provided in terms of this rule) -

17.3.1 confirmation that the applicant has served under a practical vocational

training contract, stating the dates of filing and registration of that contract

and the period served by the applicant under that contract;

17.3.2 confirmation by the applicant that his or her principal was entitled to enter

into the contract of practical vocational training;

17.3.3 confirmation by the applicant that service under the contract of practical

vocational training was performed under the direct supervision of the

principal or of another attorney in the firm of the principal;

17.3.4 confirmation that the applicant was not absent for more than 30 working

days during any one year of service under the contract of practical

vocational training;

17.3.5 confirmation by the applicant of the exact dates served under the practical

vocational training contract;

17.3.6 a statement as to the type of legal experience gained by the applicant

whilst serving under the contract of practical vocational training.

17.4 An applicant for admission to practise and to be authorised to be enrolled as an

attorney shall attach to his or her application a supporting affidavit by the

applicant's principal containing the following information:

17.4.1 confirmation of the exact dates that the applicant served under his or her

supervision or that of another attorney in terms of the contract of practical

vocational training;

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17.4.2 in relation to the principal:

17.4.2.1 a statement that he or she -

17.4.2.1.1 has been practising as an attorney for his or her own account

or as a partner in a firm of attorneys or as a member of a

professional company continuously for three years or for

periods of three years in the aggregate during the preceding

four years; or

17.4.2.1.2 has practised as a professional assistant in a firm for a period

of five years within the preceding six years; or

17.4.2.1.3 has practised as a professional assistant in a firm for a period

of two years in the preceding five years and has practised as

an attorney for his or her own account or as a partner in a firm

or as a member of a professional company continuously for two

years or for periods of two years in the aggregate during the

preceding four years

at the date of commencement of the contract of practical vocational

training;

17.4.2.2 where the applicant has undergone practical vocational training with

a law clinic or with Legal Aid South Africa, or with another entity

accredited by the Council to provide practical vocational training, that

his or her principal is or at all relevant times was in the full time

employment of the law clinic or of Legal Aid South Africa or with such

other entity, and has practised as an attorney or advocate, as the

case may be continuously for three years, or for periods of three

years in the aggregate during the preceding four years, prior to the

date of commencement of the practical vocational training contract;

17.4.2.3 where the applicant has undergone practical vocational training with

the State Attorney, that his or her principal has practised the

profession of an attorney as the State Attorney, Deputy State

Attorney, Senior Assistant State Attorney or Assistant State Attorney

in the office of the State Attorney or any branch thereof continuously

for four years at the date of commencement of the practical

vocational training contract;

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17.4.3 that he or she has continued to practise as aforesaid during the period of

the contract of practical vocational training;

17.4.4 that he or she was at no time during the course of the contract of the

practical vocational training in question a principal to more than three

candidate attorneys, or where the principal was employed at a law clinic or

at Legal Aid South Africa that he or she was at no time during the course of

the contract of the practical vocational training in question a principal to

more than six candidate attorneys;

17.4.5 confirmation that in his or her view the applicant is a fit and proper person

to be admitted and enrolled as an attorney.

17.5 An applicant for admission to practise and to be authorised to be enrolled as an

advocate shall attach to his or her application (in addition to any further

information to be included in terms of this rule) a supporting affidavit by the

applicant's training supervisor containing the following information:

17.5.1 confirmation that he or she is a practising advocate, or has been

accredited by the Council to act as a training supervisor of pupils for

purposes of practical vocational training or is employed by an entity which

has been accredited to provide supervisors who are qualified to act as

training supervisors to pupils;

17.5.2 confirmation of the exact dates that the applicant served under the

supervision of his or her training supervisor;

17.5.3 confirmation that in his or her view the applicant is a fit and proper person

to be admitted and enrolled as an advocate.

17.6 Copies of the following documents must be attached to the founding affidavit of

the applicant, whether for admission as an attorney or as an advocate, and must

be certified as being true copies of the originals by a notary public or by a

commissioner of oaths:

17.6.1 identity document of the applicant;

17.6.2 where the surname of the applicant does not correspond with the

applicant's name in the application, or with any other documents attached

to the application, a marriage certificate or other proof to reflect the reason

for the discrepancy;

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17.6.3 degree certificate or certificates of the applicant;

17.6.4 the relevant practical vocational training contract (in the case of an

application for admission as an attorney) or written confirmation that the

applicant has registered with a person or entity accredited by the Council

to supervise the practical vocational training of pupils (in the case of

application for admission as an advocate);

17.6.5 written confirmation from the Council confirming that the contract of

practical vocational training or of supervision, as the case may be, has

been registered with the Council;

17.6.6 where applicable, an agreement relating to the cession of the contract of

practical vocational training and written confirmation from the Council that

the cession of the contract has been registered;

17.6.7 in the case of an application for admission as an advocate intending to

practise with a Fidelity Fund certificate, proof that the applicant has

satisfied the requirements of the Council in terms of section 85(1)(b) of the

Act in relation to a legal practice management course, and has passed the

examination required to be passed by attorneys so as to reflect that the

applicant has the required knowledge of accounting for the keeping of

accounting records referred to in section 87 of the Act and for compliance

with the accounting rules published by the Council from time to time;

17.6.8 attendance report issued in respect of attendance of the applicant at a

practical legal training course approved by the Council.

17.7 The original and two copies of the application must lie for inspection with the

Council for a period of not less than one month. The application must be

properly prepared and bound with an index, all pages of the application must be

paginated at the top right hand corner of every page, and all attachments must

be clearly marked when the application is served on the Council.

17.8 The Council may require that the information referred to in this rule 17 be

submitted in a form to be determined by the Council.

17.9 An application in terms of this rule 17 must be accompanied by proof of payment

of the fee payable in terms of rule 2.

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17.10 Subject to compliance with rules 27.1 to 27.9, and upon receipt by the Council of

a copy of an order by the High Court admitting the applicant to practise and

authorising him or her to be enrolled as a legal practitioner, the Council shall

place the name of the applicant on the roll of attorneys or of advocates, or on the

roll of non-practising attorneys or advocates, as the case may be, to be kept in

terms of rule 28.

17.11 The Council must cause to be enrolled as an attorney or as an advocate, as the

case may be, every person who is to be regarded in terms of section 114(1) of

the Act as having been admitted to practice as an attorney or as an advocate,

subject to any condition imposed by the High Court in relation to the admission of

that person and subject to the terms of any order of court whereby any such

person has been suspended from practice as an attorney or as an advocate, as

the case may be.

18. Application for admission and enrolment as conveyancer or notary [sections 95(1)(k) and (t)]

18.1 A person seeking to be admitted to practise and to be authorised to be enrolled

as a conveyancer or as a notary under the Act -

18.1.1 must apply to a High Court in terms of the provisions of section 24(2) of the

Act; and

18.1.2 must simultaneously lodge an application with the Council through the

Provincial Council where the applicant intends to practise for the enrolment

of his or her name on the roll of conveyances or of notaries, as the case

may be.

18.2 An application for admission as a conveyancer or as a notary must be

accompanied by an affidavit by the applicant setting out the following

information, supported, where applicable, by documentary evidence:

18.2.1 confirmation of the jurisdiction of the Court;

18.2.2 confirmation that the applicant has been admitted as an attorney;

18.2.3 confirmation that the applicant complies with the provisions of section 26(2)

of the Act (in the case of application as a conveyancer) or section 26(3) of

the Act (in the case of application as a notary) of the Act.

LPC Rules 9 July 2018 09/07/2018 34

18.3 The original and two copies of the application must lie for inspection with the

Council for a period of not less than one month. The application must be

properly prepared and bound with an index, all pages of the application must be

paginated at the top righ-hand corner of every page, and all attachments must be

clearly marked when the application is served on the Council.

18.4 The Council may require that the information referred to in this rule 18 be

submitted in a form to be determined by the Council.

18.5 An application in terms of this rule 18 must be accompanied by proof of payment

of the fee payable in terms of rule 2.

18.6 Subject to compliance with rules 18.1 to 18.5, and upon receipt by the Council of

a copy of an order by the High Court admitting the applicant to practise as a

conveyancer or as an attorney, as the case may be, and authorising him or her

to be enrolled as a conveyancer or as a notary, as the case may be, the Council

shall place the name of the applicant on the roll of conveyancers or of notaries,

as the case may be, to be kept in terms of rule 28.

18.7 The Council must cause to be enrolled as a conveyancer or as a notary, as the

case may be, every person who is to be regarded in terms of section 114(1) of

the Act as having been admitted to practice as a conveyancer or as a notary,

subject to any condition imposed by the High Court in relation to the admission of

that person and subject to the terms of any order of court whereby any such

person has been suspended from practice as a conveyancer or as a notary, as

the case may be.

LPC Rules 9 July 2018 09/07/2018 35

19. Period of practice as an attorney and advocacy training programme [section 95(1)(m) read with section 25(4)(a)].

19.1 The continuous period of three years of practice as an attorney, provided for in

section 25(3)(a)(i) of the Act, that an attorney applying for the right to appear in

the High Court, the Supreme Court of Appeal or the Constitutional Court is

required to serve before having the right to appear may be reduced by such

period as the Council in its discretion may determine if the applicant has

successfully undergone a trial advocacy training programme approved by the

Council.

19.2 The trial advocacy training programme referred to in rule 19.1 -

19.2.1 shall comprise training under the direct supervision of an advocate who

has been practising as such for a continuous period of not less than five

years, or of an attorney who has the right of appearance in the High Court,

the Supreme Court of Appeal and the Constitutional Court and has

exercised the right of appearance in those courts regularly for a continuous

period of not less than five years or for an aggregate period of five years

during the preceding seven years;

19.2.2 shall require involvement in the programme by the attorney of not less than

40 hours in the aggregate over a period of no longer than six months;

19.2.3 may require attendance by the attorney at lectures and workshops, and the

completion of written assignments, of sufficient standard to provide training

to the attorney in the practical aspects of court work and trial advocacy;

19.2.4 shall require the supervisor, at the completion of the programme, to issue a

certificate to the attorney that he or she has successfully completed the

trial advocacy training programme.

20. Information to be provided by attorney for appearance in High Court [section 95(1)(m) read with section 25(4)(a)]

20.1 An attorney who wishes to apply in terms of section 25(3) for the right of

appearance in the High Court, the Supreme Court of Appeal and the

Constitutional Court must apply to the registrar of the Division of the High Court

in which he or she was admitted and enrolled as an attorney for the issue to him

or her of the prescribed certificate.

LPC Rules 9 July 2018 09/07/2018 36

20.2 The application must be in writing, must be dated and signed by the attorney

and must be accompanied by:

20.2.1 documentary proof that he or she has satisfied all the requirements for a

degree referred to in section 26(1) of the Act, or any other degree which,

before the date referred to in section 120(4) of the Act, would have entitled

the applicant to the right of appearance in the High Court, the Supreme

Court of Appeal and the Constitutional Court;

20.2.2 a certificate issued by the executive officer of the Council to the effect that

the applicant has been practising as an attorney for a continuous period of

not less than three years or for an aggregate of three years during the

previous four years, or has been practising as an advocate;

20.2.3 a certificate issued by the executive officer of the Council that the applicant

has not had his or her name struck off the Roll and has not been

suspended from practice, and that there are no proceedings pending to

strike the applicant's name from the Roll or to suspend him or her from

practice;

20.2.4 a copy of the applicant's identity document, certified as true and correct by

a notary public or by a commissioner of oaths.

20.3 If the applicant wishes to apply for the period of practice to be reduced as

contemplated in section 25(3)(a)(i), he or she must provide the registrar with a

certificate by the executive officer of the Council that he or she has undergone a

trial advocacy training programme approved by the Council and that the Council

has resolved that the three year period referred to in that section be reduced to

such period as may be specified by the Council.

20.4 Where the applicant claims that he or she has gained appropriate relevant

experience, as contemplated in section 25(3)(b) of the Act, full details of that

experience must be provided in the application.

20.5 The applicant must serve a copy of the application on the Council not less than

thirty days before he or she applies to the registrar in terms of section 25(3) of

the Act.

20.6 Every attorney who, at the date of coming into effect of this rule, was in

possession of a certificate issued in terms of section 4(2) of the Right of

LPC Rules 9 July 2018 09/07/2018 37

Appearance in Courts Act, 62 of 1995 shall, within six months of the date of

coming into effect of this rule, lodge with the Council a copy of the certificate

issued to him or her in terms of that Act.

PART VI

Education and Training

21. Competency-based examinations or assessments [section 95(1)(n) read with section 26(1)(d), (2) and (3)]

21.1 A person wishing to qualify to be admitted and enrolled as a legal practitioner will

be required to have passed a competency based assessment in terms of this

rule 21, read with any rule made by the Council or the National Forum

concerning levels of competence required for the admission and enrolment of

legal practitioners.

21.2 The assessment of a person wishing to be admitted and enrolled as an attorney

shall comprise assessment at least in relation to -

21.2.1 the practice and procedure in the High Court and in courts established

under the Magistrates' Courts Act, 32 of 1944;

21.2.2 the practice and procedure relating to the winding up and distribution of the

estates of deceased persons;

21.2.3 the practic